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The Florida Senate passed a measure this weekthat would strengthen the states so-called stand-your-ground law, shifting the burden of proof from defense attorneys to prosecutors in pretrial immunity hearings.

The controversial changes to the states self-defense law passed the Senate 23 to 15 along party lines. It wasthe subject of heated debate between proponents, who argued that it correctly forces prosecutors to prove why the law should not apply to a defendant, and opponents, who said it will effectively force two trials, doubling the workload and making it more difficult to getwitnesses to testify.

The House is expected to vote on the measure next week, and Gov. Rick Scott (R) is expected to sign it. His office did not respond to a request for comment.

If you exercise a God-given right, the right of self-defense, you dont have the same rights as everybody else. Youre not innocent until proven guilty, said Marion Hammer, a lobbyist with the National Rifle Association in Florida. Thats wrong. Thats what needs to be fixed.

The current Florida law allows residents to use force, including deadly force, if they reasonably believe that their lives are in danger or they risk bodily harm. The law saysthey have no duty to retreat. Defendants can claim immunity under the lawbut must provide evidence to prove their case. Under the bill passed this week, prosecutors would have to prove why a person should not be granted immunity from the crime. The law applies not only to shootings, but also to misdemeanors,domestic violence andassault cases that dont involve guns.

The measure passed this week has been vehemently opposed by the states prosecutors, who said it will further strap an already strained system and deter witnesses in sensitive cases from testifying.

This is an anti-law enforcement bill. Its saying they dont trust law enforcement either at the arresting stage or filing stage or state attorney, that we dont understand a self-defense case, said Phil Archer, the state attorney for Brevard and Seminole counties.

Archer, who said he is a member of the NRA and teaches self-defense, including stand your ground, said his office had four stand-your-ground cases last year. Should the bill pass, he expects the number to rise tofour thousand. He said it would be malpractice for a defense attorney not to request an immunityhearing in any case in which self-defense is claimed, because the burden of proof would rest with the prosecution.

There will now be two complete trials, Archer said. In every one of those cases, witnesses are going to have to take more time off work. Police officers who should be out on the street keeping us safe will now be in court, for what?

Hammer said that if the authorities do their job before they arrest and charge theyll only have to do it once because the bad cases will get dismissed.

The law isopposed by the Florida State Conference of NAACP Branches.

Shifting the burden of proof to prosecutors increases the potential of denying justice to victims and their families. These laws are often applied in a racially biased manner, they do not deter crime, and the bottom line is that they make it easier for people to murder other human beings and not face any legal consequence, said Adora Obi Nweze, the groups president.

The state became the first in the nation to pass a stand-your-ground law in 2005; 34 states now have such legislation on the books, according to the American Bar Association. Floridas self-defense laws came under scrutiny in 2012, when George Zimmerman shot and killed Trayvon Martin, an unarmed black teenager, in Sanford. Zimmermans attorney did not raise a stand-your-ground defense at trial. He was acquitted by a jury.

[Was the Stand Your Ground law the cause of Trayvon Martins death?]

Gun-control groupsare continuing to fight the measure, urging Floridians to call legislators and oppose the bill. Lucy McBath, whose 17-year-old son, Jordan Davis, was shot and killed in a Florida gas station parking lot for playing loud music, said the legislature has ignored senseless killings like those of Davis and Martin.

The law has returned to the spotlight in recent weeks during the trial of retired Tampa police captain Curtis Reeves, who shot a man at a movie theater in 2014 over a disagreement about a cellphone. A judge denied immunity to Reeves, who will now stand trial for murder.

Adam Winkler, a professor at the UCLA School of Law, said stand your ground has been a long-standing legal principle to justify the use of deadly force, but Floridasmeasure would give special weight to defendants including, he argues, gun defendants.

This new revised stand-your-ground law may really inhibit the proper functioning of the judicial system, he said. No other criminal defendant gets the benefit of a trial before a trial, a trial to see if they can go on trial.

Link:
Florida moves to bolster its 'stand-your-ground' law - Washington Post

DES MOINES Many significant changes would be made to Iowas gun laws if a bill working its way through the Iowa Legislature gains sufficient approval in coming weeks.

Those charged with keeping the peace and enforcing Iowas laws say they have serious concerns regarding some portions of the wide-ranging proposal.

Many of Iowas county sheriffs, city police chiefs and county attorneys say their deepest concerns lie with two particular provisions:

One that would lessen an individuals burden to justify the use of lethal force in self-defense.

One that would allow Iowans to sue local governments that prohibit the possession of guns in public buildings, such as county courthouses.

Multiple sheriffs, police chiefs and county attorneys interviewed for this story said they think much of the sweeping legislation would have little to no effect on their duties, and some pieces they supported.

But the so-called stand-your-ground provision and the notion of guns in courthouses and other public buildings give many law enforcement officials cause for concern.

Organizations representing the states peace officers, sheriffs and police all are registered as undecided on the bill. The organization representing the states county attorneys is registered in opposition to it.

Stand-your-ground laws have been debated passionately and nationally, particularly in the wake of a 2012 incident in Florida in which a black teen was shot to death and the shooter was acquitted of murder after claiming self-defense under the states stand-your-ground law.

Iowa law enforcement officials, particularly county attorneys, said their concern is that a stand-your-ground provision could make it difficult to prosecute shooting deaths.

Unfortunately, at least in Davenport, we have the exchange of gun fire on a frequent basis, and unfortunately people get killed. And our fear is the unintended consequence of this bill is going to make those types of cases difficult to prosecute, even if an innocent bystander were to be killed, Scott County Attorney Mike Walton said. It builds in a defense, because both sides are going to be able to say they were standing their ground. ...

Certainly, its going to be difficult to prove beyond a reasonable doubt who shot first. The law makes it difficult to prosecute. It builds in immunities.

Woodbury County Sheriff David Drew, like many others who have raised questions about the bill, said Iowa does not need a stand-your-ground provision because current state law already permits the use of lethal force in self-defense of ones home or vehicle. The proposal would expand that permission to anywhere.

I think stand-your-ground is a bad law. I agree with the attorneys, Drew said. I think what you can have is two people that are really of a criminal mindset say, I feared that guy, and he feared that guy, and were going back to the wild, Wild West.

Rep. Matt Windschitl is a Republican state legislator and gun shop owner from Missouri Valley and an advocate for reducing restrictions on gun ownership and use. He said stand-your-ground laws are designed to protect individuals from being prosecuted for acting in self-defense and such a protection should extend beyond the individuals home or vehicle.

Windschitl said the potential for more difficult prosecutions is outweighed by the expansion of protections for law-abiding gun owners.

May a sheriff or prosecuting attorney have to reach a new standard to prosecute? Under those rare instances when someone may claim stand-your-ground, yes, that may happen, Windschitl said. But I think the burden that may put on that prosecuting attorney far outweighs the burden upon an Iowan to have to try and run away from a very dangerous situation that endangers their life or safety or the life or safety of another. Were allowing Iowans the responsibility.

Linn County Attorney Jerry Vander Sanden and others said they also are worried a stand-your-ground law will lead to an increase in gun violence.

Floridas monthly homicide rate increased nearly 25 percent after implementation of its stand-your-ground law, according to a 2016 study conducted by a University of Oxford social policy professor published in the Journal of the American Medical Association.

I believe the stand your ground law would embolden some to unnecessarily resort to deadly force and increase the likelihood of physical violence, Vander Sanden in an emailed statement.

Sheriffs and county attorneys said they also think any provision that makes it easier for individuals to bring guns into public places such as county courthouses is bad policy. They said emotions can run high in the courthouse and adding guns to that mix could be dangerous.

That would be a huge step backward for public safety, Linn County Sheriff Brian Gardner said. Some of the most contentious occurrences happen in the courthouse.

Walton described prohibiting local governments from regulating firearms in courthouses as lunacy that puts the public and courthouse workers in danger.

People are facing bad consequences in the courthouse. They may be prosecuted for crimes, their family members, relatives may be prosecuted for crimes, there may be juvenile situations, domestic abuse, divorces. It just goes on and on, Walton said.

A courthouse is supposed to be a place where things are peaceably resolved. I think its a shame that the Legislature would put my staff and all the staff in the courthouse at risk with people with firearms. I dont know why they would do that.

The proposed legislation does not repeal any local ordinances that ban weapons in courthouses or other public buildings, and judges would retain authority to ban guns in the courtroom, Windschitl said.

Judges still have domain over their kingdom, Windschitl said. Theyre still the masters of their judicial branch.

The bill does permit individuals to petition the court if he or she feels adversely affected by a weapons ban. Creating that opening concerned many of those county law enforcement officials.

We have always been able to represent the courthouse as a safe place to victims and witnesses who are sometimes fearful about coming to testify in court, Vander Sanden said. If this legislation passed, it would subject counties across the state to lawsuits by those who believe they should have a right to bring firearms into county buildings.

Read this article:
Iowa law enforcement officials take issue with parts of gun bill - Quad City Times

A .380 semi-automatic handgun sits on a newspaper(ROBERT SULLIVAN/AFP/Getty Images)

By Meg Wagner

A fight about texting

A retired Florida police captain who shot and killed a man in 2014 inside a movie theater during a dispute over texting cant use the states controversial stand your ground law to defend himself, a judge ruled Friday.

Curtis Reeves, 74, will stand trial for the shooting death of 43-year-old Chad Oulson. He faces second-degree murder charges.

Reeves and his lawyers had argued that he deserved immunity from prosecution under Floridas controversial stand your ground law, which allows anyone who fears death or great bodily harm to use deadly force during a violent confrontation.

Reeves, a former Tampa Police Department captain claimed he was acting in self-defense when he shot Oulson during the previews of a Jan. 13, 2014 showing of the Afghanistan war dramaLone Survivor at Wesley Chapels Cobb Grove 16 cinemas.

Oulson had been texting as he waited for the movie to begin. When Reeves complained and asked him to turn his phone off, Oulson cursed at him, threw popcorn and tried to attack him, Reeves claimed.

He was in a fit of rage, Reeves testified.

But Circuit Judge Susan Barthle ultimately sided with prosecutors, who argued that Reeves should not be allowed to use the stand your ground defense because he provoked the argument. Barthle wrote that there wasnt enough evidence to show that Oulson was threatening Reeves; In fact, video from the theater showed Reeves lunging at Oulson, not the other way around.

(Reeves) also appeared quite self-assured when he was testifying, and certainly did not appear to be a man who was afraid of anyone, she wrote in her decision.

Stand your ground or shoot first?

Florida passed its stand your ground statute in 2005, becoming the first state in the nation to implement such aggressive self-defense legislation.

Usually, anyone who feels attacked has a duty to retreat and remove themselves from an altercation (if they have a safe way to do so) before resorting to self-defense violence. But the stand your ground doctrine says its every citizens right to stand up for him or herself: Citizens can use deadly force as soon as they fear for their lives or wellbeing even if they have a safe way to get away.

Stand your ground proponents claim that no one should be forced to retreat when they are attacked, and claim the law removes the long legal proceedings necessary to vindicate those who use deadly force in self-defense.

Critics sometimes call the statue a shoot first law, insisting that not only is the law unnecessary federal and state laws already include the concept of self-defense but also dangerous, since it may encourage people to resort to violence when there are still other options on the table.

Since Florida passed the law, more than 20 other states have followed suit with similar stand your ground laws.

The acquittal of George Zimmerman in the 2012 shooting death of Trayvon Martin is most famously and mistakenly attributed to Floridas stand your ground law.

While Zimmerman claimed he killed unarmed teenager Martin in self-defense, his legal team never invoked the stand your ground law. They insisted that killing the teen was Zimmermans only option, and Stand your ground only applies if theres a nonviolent way to end the threat. However, while Zimmerman did not invoke the law, it was included in the jurys deliberation instructions.

Between 2005 and 2013 there were more than 200 cases in Florida that used the stand your ground defense.

More protection for stand your ground invokers

Reeves bid for stand your ground immunity was denied because he could not prove that he was acting in self-defense but some Florida lawmakers want to flip the burden of proof to the prosecution.

A bill in Floridas Senate would require that prosecutors prove that a stand your ground defendant was not acting in self-defense. Essentially, it would give those who use deadly force even more protection, because they would not be responsible for showing that their actions were justified.

Sen. Rob Bradley, who introduced the bill, said that its not a novel concept, because in other court cases, prosecutors must prove the case, while the defendant is presumed innocent and must beproven guilty.

We have a tradition in our criminal justice system that the burden of proof is with the government from the beginning of the case to the end, he said, though so-called affirmative defenses like stand your ground, the more general self-defense argument and diminished capacity actually do require that defendant meet a burden of proof.

If the bill passes, it would be another self-defense first in Floridas history. Only four other states with stand your ground laws mention the burden of proof in their statues, and all of them say it falls on the defense, not the prosecution.

A vote in Floridas Senate is expected as early as Friday.

Excerpt from:
'Stand your ground' defense denied for ex-cop in theater killing - Fox 59

March 11, 2017 A retired Tampa Bay police captain will face second-degree murder and aggravated battery charges after a judge rejected his petition to dismiss the case based on Floridas stand your ground law.

Curtis Reeves Jr., the former officer, was involved in a 2014 dispute with Chad Oulson at a suburban Tampa theater, over Mr. Oulsons use of a cell phone during previews of the movie "Lone Survivor." His trial date has not yet been set.

The ruling comes as Floridas state senate prepares to vote on a bill that would force prosecutors to prove that a defendant was not acting in self-defense before cases are brought to trial. That would shift the burden of proof away from defendants, putting Florida at the vanguard of the two dozen states with laws permitting the use of forcein self-defense in some cases, deadly force in confrontations where a person "fears death or great bodily harm."

Mr. Reeves had argued that the dispute had quickly become a life-or-death struggle, claiming that Mr. Oulson had struck him with either his fist or cell phone and cornered him in his seat, according to the Tampa Bay Times.

But Pinellas-Pasco Circuit Judge Susan Barthle rejected that account, finding that surveillance video clearly countered Reeves claims of being hit or menaced by Oulson. Reeves appeared to haveinitiated contact with the alleged victim on at least three occasions..

In fact, the video clearly shows that the closest the alleged victim ever came to the defendant was when his hand reached for and grabbed the defendants popcorn and threw it on him, wrote the judge in her opinion, according to a local ABC affiliate. At that point, she added, Reeves lunged forward and fired at the alleged victim, "who at that point was so far back from the defendant that he could not even be seen in the video anymore."

The new bill being considered by Floridas Senate has garnered opposition from Democrats and prosecutors, who say it would stack the odds against victims of gun crimes and encourage vigilantism.

"This legislation would effectively require defendants who raise stand your ground defenses to be convicted twice, said Lucy McBath at a committee hearing on the bill, according to ABC News. Ms. McBaths teenaged son Jordan Davis was fatally shot by Michael Dunn after an argument in Jacksonville. Mr. Dunn was later convicted of murder, though the first jury on the case was unable to reach a decision an outcome McBath blames on jury instructions that, as in the 2013 Trayvon Martin case, included details about the stand- your-ground law.

Among supporters of the bill is Marissa Alexander, who was convicted in 2012 to 20 years in prison for firing what she calls awarning shot" near her estranged husband, in another high-profile, stand-your-ground case in Florida. Ms. Alexanders conviction was later thrown out, and she was freed in a 2014 plea deal.

"So for me, one shot and a 12-minute verdict got me 20 years in my own home, concealed weapon license, white-collar worker, she said, according to NPR.

See the original post:
Why Florida judge rejected the 'stand your ground' defense in movie shooting - Christian Science Monitor

Curtis Reeves Jr. takes the stand to testify during his hearing in Dade City, Fla., last month. A judge denied his request to dismiss the charges against him under Florida's Stand Your Ground law. Octavio Jones/AP hide caption

Curtis Reeves Jr. takes the stand to testify during his hearing in Dade City, Fla., last month. A judge denied his request to dismiss the charges against him under Florida's Stand Your Ground law.

A retired police officer who fatally shot a man in a Florida movie theater will stand trial after a judge denied his request to dismiss the charges under the state's "Stand Your Ground" law.

Curtis Reeves Jr., 74, was with his wife at a showing of Lone Survivor in suburban Tampa in 2014 when he got into a dispute with Chad Oulson, 43, because Oulson was texting during the previews.

Reeves was charged with second-degree murder and aggravated battery. In seeking to have the charges dismissed under Stand Your Ground," Reeves's lawyers needed to show that Reeves reasonably believed that using deadly force was necessary "to prevent death or great bodily harm."

Reeves claimed Oulson had hit him in the face with a cellphone, leaving him dazed. But Circuit Judge Susan Barthle said surveillance video of the episode contradicted Reeves' account. "The video evidence contradicts this assertion, clearly showing that there was no hit from a fist, and the item argued by the defense to be a cell phone was simply a reflection from the defendant's shoes," Barthle writes in her order.

Barthle was also not persuaded by the defendant's claims that Oulson "was virtually on top of him" or that Reeves was afraid of Oulson. As Barthle writes, "the defendant initiated contact with the alleged victim on at least three occasions and was not concerned about leaving his wife there alone when he went to talk to the manager."

Florida's Stand Your Ground law was passed in 2005, with support from the National Rifle Association and defense attorneys. Lawyers for George Zimmerman did not invoke Stand Your Ground in defense of his killing Trayvon Martin in 2012, but the law was part of the instructions to the jury that acquitted Zimmerman, as NPR's Greg Allen reported.

Evidence suggests that state Stand Your Ground laws have led to a rise in homicides. As a researcher told NPR's Shankar Vendantam in 2013,

"These laws lower the cost of using lethal force," says Mark Hoekstra, an economist with Texas A&M University who examined stand your ground laws. "Our study finds that, as a result, you get more of it."

Now, Florida lawmakers are trying to take the law a step further, by requiring prosecutors to prove that a defendant wasn't acting in self-defense. If the proposed expansion passes, Greg reports, it could make it easier for defendants such as Reeves to be granted immunity from prosecution.

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Judge Rejects 'Stand Your Ground' Defense In Florida Theater Shooting Case - NPR